Can a Prenuptial Agreement Be Invalidated?

Yes, a prenuptial agreement and/or a provision of a prenuptial agreement can be invalidated by the court.

Courts invalidate prenuptial agreements for reasons like their violation of public policy, duress,  a lack of full financial disclosure, or fraudulent financial disclosure.

Section 61.079(7)(a), Florida Statutes (2019), in relevant part, provides: “A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that . . . [t]he agreement was the product of fraud, duress, coercion, or overreaching.” Duress is defined as “a condition of mind produced by an improper external pressure or influence that practically destroys the free agency of a party and causes him [or her] to do and act or make a contract not of his own volition.” Herald v. Hardin, 95 Fla. 889, 891, 116 So. 863, 864 (1928) (citation omitted). In order to prove duress, “[i ]t must be shown (a) that the act sought to be set aside was effected involuntarily and thus not as an exercise of free choice or will and (b) that this condition of mind was caused by some improper and coercive conduct of the opposite side.”City of Miami v. Kory, 394 So. 2d 494, 497 (Fla. 3d DCA 1981).Thus, duress involves a “dual concept of external pressure and internal surrender or loss of volition in response to outside compulsion.” Id. (quoting 17 C.J.S. Contracts§ 168 (1963)).“It is not . . . duress for the proponent of the agreement to make it clear that there will be no marriage in the absence of the agreement.” Eager v. Eager, 696 So. 62d 1235, 1236 (Fla. 3d DCA 1997). Nonetheless, a party may not exploit another “for his [or her] own pecuniary advantage.” Berger v. Berger, 466 So. 2d 1149,1151 (Fla. 4th DCA 1985) (emphasis in original) (citing Paris v. Paris, 412 So. 2d 952 (Fla. 1st DCA 1982)).

For instance, in Zeigler v. Natera, the Third District Court of Appeals upheld a trial court ruling invalidating a prenuptial agreement where it was first presented to the fiance less than a week before the wedding date, signed on the eve of the parties wedding, and was not accompanied by a full and complete financial disclosure.

The parties planned to marry in Venezuela. Six days before their wedding, the husband presented the wife with a draft of an antenuptial agreement. At the time, the wife was four months pregnant with their second child. The only financial disclosures contained within the document were perfunctory references to the husband’s ownership of certain nominal non-convertible bearer shares with corresponding assigned nominal values. The agreement did not provide for equitable distribution or alimony. The husband allowed the wife to peruse the document and then assured her that he would furnish full financial disclosures prior to the wedding. The day before the wedding, having not yet provided any financial documentation, the husband threatened to cancel the ceremony if the wife did not.  Although it appears that the trial judge considered both unconscionability and duress in invalidating the agreement, as a finding of duress is amply supported by the record evidence, any error as to the unconscionability analysis does not dictate reversal. Dade Cty. Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638, 644 (Fla. 1999) (“[I] f a trial court reaches the right result, but for the wrong reasons, it will be upheld if there is any basis which would support the judgment in the record.”).  The agreement did not contain an express waiver of any right to disclosure.

No two cases are identical and you will want to have your prenuptial agreement prepared and/or reviewed for validity and enforceability by a lawyer knowledgeable in the area.

 

Jeff Bezos Divorce, Hey Alexa, Can I Have a Prenuptial Agreement?

Yes, Jeff Bezos, founder of Amazon and the undisputed richest person alive is going through a divorce from his long time Wife MacKenzie Bezos.  Yes, it is fodder for divorce gossip and jokes. Yes, they have four children together and I am not sure the child support calculator can handle the math.  Yes, it is doubtful that the Bezos have a prenuptial or post marital agreement and perhaps MacKenzie is entitled to half of the Bezos’ fortune which is reportedly close to $150 billion, and child support will likely be staggering.

While one might think this the ideal launching pad for a discussion of how Jeff Bezos should have had a prenuptial agreement I think the exceptional fortune at play makes a prenuptial agreement less important for these people.

Does it really matter in their lives how many billions of dollars they have?  Is there anything either of them could not still afford to do if they split their assets? I think the lessons to be taken from this relate more to how money does not buy you happiness and that happiness and living ones life as best as one can in our limited time on this earth are more important than money.

That being said, everyone who does not have a billion dollars or more, so money does not matter to them in the event of a divorce, should be calling us right now on (786) 539-4935 to get a prenuptial agreement.

“We Want Prenup, We Want Prenup”, Prenuptial Agreements Are Not Just For Celebrities

“We want prenup” was a term thrown into the popular culture of the time by Kanye West’s song “Gold Digger”. While people often think of a prenuptial agreement as reserved for celebrities and the mega rich any couple can benefit from one.

Prenuptial and premarital agreements are agreements entered into by parties contemplating marriage that set forth the rights and obligations of each party in the event of death, divorce, and even during the marriage. They can be used to delineate the assets, debts, and income that may be marital and divided should the marriage fail, and those that may remain separate and not be divided in the event of divorce. There are only a few things that they can’t be used for which mostly relate to child issues, like determining child custody, a parenting plan, or child support.

Nobody goes into a marriage thinking it will fail but its best to plan for contingencies, just like we get insurance to protect things we own. Prenuptial agreements can offer certainty and help to reduce the transactional costs should the worst happen and the marriage result in a divorce, leaving less to fight about and with both parties knowing where they will stand. While it can be a little uncomfortable discussing a prenuptial agreement with a fiancé, having a prenuptial agreement can help people stay friends down the road if the relationship results in a divorce by taking the acrimony out of the divorce process itself. If you think it’s hard to talk about consider it may be easier to negotiate with a party that loves you and wants to marry you than one that wants to leave you and divorce you already. If you are losing the relationship with the person you thought was the love of your life you may thank yourself and they may thank you also for not adding a fight in divorce court to the process. For the frugal among you, the cost is likely to be much less than a divorce with contested financial issues.

If you want to talk to us about a prenuptial agreement please contact our office to arrange a consultation on (786)539-4935